Know Your Rights

This section explains, in plain language, the protections that Nigerian law provides to people dealing with the police, the courts and public officials. It is general information, not legal advice. Every situation is different, and you should speak to a qualified lawyer about your own circumstances.

When you are arrested or detained

The Nigerian Constitution protects the right to personal liberty. A person who is arrested is entitled to be informed promptly, in a language they understand, of the reason for the arrest. A person who is detained is entitled to communicate with a lawyer of their choice and to have a relative informed of their whereabouts.

A person arrested or detained must be brought before a court within the period set by the Constitution, and a court may order release if that period is exceeded. This is one of the most important protections in practice: prolonged detention without charge is not lawful, and the courts have repeatedly said so.

Right to remain silent and to counsel

You cannot be compelled to confess to an offence, and a statement obtained under duress is not admissible. You have the right to a lawyer before making a statement. If you cannot afford one, the law provides for legal aid in certain circumstances and you should ask for it.

Bail and charge

Where a person is charged with an offence for which bail is available, a court may grant bail with or without conditions. Conditions imposed should be reasonable and proportionate. A bail condition that in practice keeps a person in custody because they are poor may be challenged.

Complaints against the police

A complaint about police conduct can be made to the Nigeria Police Force complaints system or to the relevant oversight bodies. Where the conduct amounts to a crime, it can be reported for prosecution. Complaints are stronger with evidence: names, badge numbers, station details, dates, times, and any photographs or records of injuries.

How the foundation can help

We publish explanations, record patterns of abuse where we see them, and support people who ask for help. If you are in immediate danger, contact the police or a lawyer first. Then, if you wish, tell us what happened or ask for assistance.